Classroom assistants in Greenwich are the latest group to be arbitrarily excluded from settlement offers the local council is making - in respect of equal pay.
Why single out classroom assistants? Who knows, but other groups are probably affected as well.
Apparently, local management and the trade unions have done a deal which leaves classroom assistants out in the cold – see the post about Enfield Council dated 18 October 2008.
Employers often behave this way – it’s not unusual for them to make up the rules as they go along – and then get their chums in the trade unions to endorse some madcap scheme - that discriminates against one group or another.
If you’re being left out and told you don't have a case – the best thing to do is to take these statements with a huge pinch of salt - and then register your own equal pay claim with the Employment Tribunals.
Because that's what really worries the employers - taking a case to the Employment Tribunals means they're no longer in charge – they can’t make up the rules just to suit themselves - they have to account for what they do and how they behave.
In other words – they are no longer both judge and jury in their own cause.
So, don’t believe local managers or union reps that say you have no claim.
Instead, ask them how the offers to staff are actually calculated, how do they justify excluding some groups – on exactly what grounds - and which male comparators are being used for the purposes of making these offers?.
The employers won’t answer these questions, of course – since that would let the cat out of the bag.
Action 4 Equality’s advice is to challenge what they are doing – don’t take it lying down – you have nothing to lose and potentially lots to gain.
For an application form contact Action 4 Equality London on – 0845 300 3 800
Sunday 26 October 2008
Saturday 25 October 2008
The Unions and Equal Pay
According to our clients, stories are sweeping across London about the strange reluctance of the trade unions to get stuck and defend their female members' interests on equal pay.
The most recent reports involve the GMB and the London Borough of Enfield - but the same is true across the rest of the city.
The answer is that the trade unions are trying to face both ways at the same time - they negotiated the much higher (bonus related) pay of the male groups in the first place - but then kept their women members in the dark for years.
So, the trade unions are scared of getting sued by their own members - as happened in the case below against the GMB - reported on this blog site earlier in the year.
Sex Discrimination Bombshell for Unions
The big 3 public sector unions (GMB, Unison and Unite) are in a state of shock following a landmark decision yesterday in the Court of Appeal.
The case, known as Allen v GMB, was heard originally in the Employment Tribunals in Newcastle - and found that the GMB had discriminated against their own low-paid women members.
It was the first decision of its kind in the UK and has huge implications for GMB and the other trade unions.
The women workers complained that the GMB was guilty of sex discrimination when it acted on their behalf. The women - who sought equal pay with the men - alleged they were represented inadequately by the union.
The Employment Tribunal decided unanimously that their employer (Middlesborough Council) should have eradicated unequal pay years earlier.
The tribunal also found that the GMB then collaborated with the employer by manipulating members, who had back pay claims, into unwittingly sacrificing their rights - to the benefit of the employers.
In doing so, the tribunal agreed that the union had unjustifiably discriminated against their own low-paid women members.
The Employment Appeal Tribunal (EAT) reversed the initial decision of the Employment Tribunal in 2007, but the Court of Appeal has now restored the original judgement.
The Court of Appeal has decided that the GMB misrepresented the 'deal' that was on offer from Middlesborough Council - and the case will now be referred back to the Employment Tribunal to consider compensation awards.
The GMB was refused permission by the Court of Appeal to appeal further to the House of Lords - the union is entitled to seek permission from the House of Lords directly, but this must be done by 30 September 2008 - and Stefan Cross will oppose any such application.
Thousands of similar cases are waiting in the wings.
The most recent reports involve the GMB and the London Borough of Enfield - but the same is true across the rest of the city.
The answer is that the trade unions are trying to face both ways at the same time - they negotiated the much higher (bonus related) pay of the male groups in the first place - but then kept their women members in the dark for years.
So, the trade unions are scared of getting sued by their own members - as happened in the case below against the GMB - reported on this blog site earlier in the year.
Read on.....
Sex Discrimination Bombshell for Unions
The big 3 public sector unions (GMB, Unison and Unite) are in a state of shock following a landmark decision yesterday in the Court of Appeal.
The case, known as Allen v GMB, was heard originally in the Employment Tribunals in Newcastle - and found that the GMB had discriminated against their own low-paid women members.
It was the first decision of its kind in the UK and has huge implications for GMB and the other trade unions.
The women workers complained that the GMB was guilty of sex discrimination when it acted on their behalf. The women - who sought equal pay with the men - alleged they were represented inadequately by the union.
The Employment Tribunal decided unanimously that their employer (Middlesborough Council) should have eradicated unequal pay years earlier.
The tribunal also found that the GMB then collaborated with the employer by manipulating members, who had back pay claims, into unwittingly sacrificing their rights - to the benefit of the employers.
In doing so, the tribunal agreed that the union had unjustifiably discriminated against their own low-paid women members.
The Employment Appeal Tribunal (EAT) reversed the initial decision of the Employment Tribunal in 2007, but the Court of Appeal has now restored the original judgement.
The Court of Appeal has decided that the GMB misrepresented the 'deal' that was on offer from Middlesborough Council - and the case will now be referred back to the Employment Tribunal to consider compensation awards.
The GMB was refused permission by the Court of Appeal to appeal further to the House of Lords - the union is entitled to seek permission from the House of Lords directly, but this must be done by 30 September 2008 - and Stefan Cross will oppose any such application.
Thousands of similar cases are waiting in the wings.
Saturday 18 October 2008
News from Enfield
Enfield Council has got its manual workers up in arms.
Apparently the council has gone back on a promise to make settlement offers to all manual grades – but now only supervisory staff will now benefit.
Not surprisingly, this has down very badly with the bulk of the cleaning and catering staff – as well as home carers and many others - who have perfectly good and equal pay claims.
According to local reports, the council is planning to bring in new terms and conditions – which means a change of contract for all existing staff.
But the council is also putting word about that people will be sacked if they don’t sign – and that the new contract will contain a clause that prevents anyone from pursuing an equal pay claim.
The truth is - this is all propaganda and nonsense.
First of all, no one will lose their job or be sacked over a change of contract – the existing contract may be terminated and replaced by a new one – but everyone will still be doing the same job they’re doing today – albeit under different terms and conditions.
So, don’t be bullied into doing what the council wants you to do – giving up your claim - on the basis of silly rumours.
Secondly, if the council is going to force through new terms and conditions – you’d be made not to bang in a claim for equal pay – because that way at least you’ll protect your right to 6 years back pay and compensation.
Leave things until after a change of contract has taken place – and you may not find that as easy.
The unions, as usual, are doing the employer’s dirty work – instead of standing up for their women members.
So, our advice to Enfield employees is clear – the best way to protect your interests is to register an equal pay claim with the employment tribunals – change of contract or no change of contract.
And the sooner you act the better!
Apparently the council has gone back on a promise to make settlement offers to all manual grades – but now only supervisory staff will now benefit.
Not surprisingly, this has down very badly with the bulk of the cleaning and catering staff – as well as home carers and many others - who have perfectly good and equal pay claims.
According to local reports, the council is planning to bring in new terms and conditions – which means a change of contract for all existing staff.
But the council is also putting word about that people will be sacked if they don’t sign – and that the new contract will contain a clause that prevents anyone from pursuing an equal pay claim.
The truth is - this is all propaganda and nonsense.
First of all, no one will lose their job or be sacked over a change of contract – the existing contract may be terminated and replaced by a new one – but everyone will still be doing the same job they’re doing today – albeit under different terms and conditions.
So, don’t be bullied into doing what the council wants you to do – giving up your claim - on the basis of silly rumours.
Secondly, if the council is going to force through new terms and conditions – you’d be made not to bang in a claim for equal pay – because that way at least you’ll protect your right to 6 years back pay and compensation.
Leave things until after a change of contract has taken place – and you may not find that as easy.
The unions, as usual, are doing the employer’s dirty work – instead of standing up for their women members.
So, our advice to Enfield employees is clear – the best way to protect your interests is to register an equal pay claim with the employment tribunals – change of contract or no change of contract.
And the sooner you act the better!
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